Blake v. Board of Supervisors of Livingston County
New York Supreme Court
APPEAL, by the defendants, from, a judgment entered upon the report of a referee. The action was brought upon a bond, for $900, issued by the county of Livingston, in pursuance of resolutions of its board of supervisors, to pay bounty to volunteers enlisted under the call of the President of the United States, made July 18, 1864.(a) The complaint alleged that Peter Clark, named in the said "bond as obligee, duly enlisted into the military service, of the United States, and…
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APPEAL, by the defendants, from, a judgment entered upon the report of a referee. The action was brought upon a bond, for $900, issued by the county of Livingston, in pursuance of resolutions of its board of supervisors, to pay bounty to volunteers enlisted under the call of the President of the United States, made July 18, 1864.(a) The complaint alleged that Peter Clark, named in the said "bond as obligee, duly enlisted into the military service, of the United States, and that said bond was issued and delivered to him. That thereafter, in due form of law, the said bond became the property of…
1Opinion of the Court
By the Court, Johnson, J.
The action upon the obligation in question is to be governed, in all respects, by the rulés applicable to actions upon commercial paper. The obligation, though called a bond, is payable to “ Peter Clark, or to his certain attorney, executors, administrators or assigns,” and belongs to that class of obligations which has been expressly held, in this State, not to be specialties, but in the nature of. commercial paper, negotiable by delivery, under an assignment in blank. (Brainerd v. New York and Harlem R. R. Co., 25 N. Y. 496, and cases there cited.) The decisions to…
2Cases cited1 opinion
- Brainerd v. . New York and Harlem Railroad CompanyNew York Court of Appeals · 1862
3Cited by2 opinions
- Porter v. City of JanesvilleU.S. Circuit Court for the District of Western Wisconsin · 1880
- People v. IngersollNew York Supreme Court · 1873